STAFF REPORT KETCHUM CITY COUNCIL MEETING OF ......Warm Springs Ranch Page 5 of 28 City Council Meeting of April 5, 2021 City of Ketchum Planning & Building Department hotel building

STAFF REPORT KETCHUM CITY COUNCIL

MEETING OF APRIL 5, 2021 PROJECT: Warm Springs Ranch

FILE NUMBERS: P 21-001, P21-003, and P21-010 APPLICATION TYPES: Development and Rezoning Agreement, Large Block Preliminary Plat, and

Block 1 Subdivision Preliminary Plat OTHER ACTION: Review and action on Option to Purchase Agreement 20600 to purchase

Lots 2-8 of the Large Block Plat REPRESENTATIVE: Kurt Eggers, Eggers Associates, P.A. PROPERTY OWNER: Robert Brennan, Brennan Holdings No 300 LLC LOCATION: Warm Springs Ranch Resort PUD Blocks 1-8, 1803 Warm Spring Road ZONING: Tourist (T) to General Residential (GR-L) Low Density & Recreation Use

(RU) OVERLAY: Floodplain & Avalanche SECTION 1: REPORT CONTENTS AND STAFF RECOMMENDATION This report provides the following information: Section 1: Report contents and staff recommendation Section 2: Summary of changes since March 15, 2021 City Council meeting Section 3: Summary of Planning and Zoning Commission Actions Section 4: Previously approved Development Permits for Warm Springs Ranch Section 5: 2021 proposed development agreement and rezoning agreement and Block 1

Subdivision Section 6: Project Compliance with Municipal Code requirements

Warm Springs Ranch Page 2 of 28 City Council Meeting of April 5, 2021 City of Ketchum Planning & Building Department

Staff is recommending the Council make the following four motions to approve the project:

• I move to approve and authorize the Mayor to sign Warm Springs Ranch Development and Rezoning Agreement 20609 as recommended;

• I move to approve Permit P21-010 the Large Block Preliminary Plat for Warm Springs Ranch as recommended and direct staff to return with findings of fact and conditions of approval;

• I move to approve Permit P21-001 the Preliminary Subdivision Plat for Block 1 as recommended and direct staff to return with findings of fact and conditions of approval;

• I move to approve and authorize the Mayor to sign Option to Purchase Agreement 20610 as recommended

SECTION 2: SUMARY OF CHANGES SINCE MARCH 15, 2021 CITY COUNCIL MEETING Based on Council discussion at the March 15, 2021 meeting, the following revisions have been made to the proposed Development and Rezoning Agreement, Option to Purchase Agreement and Preliminary Subdivision Plat for Block 1. Development Agreement:

• Revisions to reflect 35 lots instead of 36 lots in Block 1.

• Language added that the Option Agreement and Development and Rezoning Agreement will be signed by both parties once the Development and Rezoning Agreement is signed.

• Language added that the Owner has the right to develop Lots 32-25, fronting on Warm Springs Road, as deed restricted multi-family units.

• Language added the Owner may permit Accessory Dwelling Units (ADUs) in the Block 1 subdivision.

• Clarification that the fisherman/sportsman access in Block 1 is on both sides of Warm Springs Creek.

• Consolidation of lots in Block 1 will be limited to a maximum of eight lots.

• The sidewalk along Bald Mountain Road from Warm Springs Road has been widened from 6 feet to 8 feet.

• The number of parking spaces to serve the park have been increased to 24 spaces.

Option Agreement:

• Language added to include the existing water rights for Blocks 2-8. Block 1 Parcel Map C1 and Master Plan Exhibit:

• The sidewalk along Bald Mountain Road from Warm Spring Road was widened to 8 feet.

• A gravel shoulder will be established from the bus stop on Warm Spring Road east to the existing residential development.

• The parking spaces serving the park has been increased to 24 spaces.


SECTION 3: WARM SPRINGS RANCH: PLANNING AND ZONING COMMISSION ACTIONS On January 26th , 2021, the development team for Warm Springs Ranch presented their project in a workshop format to the Planning and Zoning Commission to gather feedback and comments from the public and the Planning and Zoning Commission. The Commission provided their feedback to the development team. Their comments focused on: (1) the proposed improvements, including the roadway plan, (2) the restoration, preservation, and management of the riparian area along Warm Springs Creek, and (3) the subdivision’s circulation design, including safety and traffic considerations as well as enhancing pedestrian and bike access. On February 23rd, 2021 the Planning and Zoning Commission conducted a public hearing and recommended the City Council approve the proposed Development and Rezoning Agreement, Large Block Preliminary Plat, and Block 1 Subdivision Preliminary Plat subject to recommended changes. The findings and conditions adopted by the Planning and Zoning Commission are reflected in Attachment G. A summary of the recommended changes are outlined below and incorporated into the proposed Development Agreement and Preliminary Plat.

• Add a condition requiring the construction activity plan to ensure impacts to the adjacent neighborhood are limited to the greatest extent possible. Construction staging, parking and material delivery is to occur on-site and any vacant lots shall be used for staging during buildout of the residential units.

• Allow residents to park on the private streets.

• Add a right-hand turn lane for vehicles turning east onto Warm Springs Road from Bald Mountain Road.

• At final plat, remove all roads and building envelopes for development from the Large Block Plat.

• Revise Section 5 of the development agreement to remove any access restrictions in the event the city purchases Blocks 2-8.

• Require Lopey Lane to be a public street if the city purchases Blocks 2-8.

• Require a 6-foot sidewalk on Bald Mountain Road that will be separated from the street by a curb. Include bike sharrows on Bald Mountain Road.

• Include a note on the Block 1 Plat and in the development agreement that development in Block 1 shall not be eligible for variances or waivers due to the site topography or conditions and all development shall comply with the standards in place at the time of development.

Based on the discussion with the Planning and Zoning Commission, the applicant has revised the preliminary plat for Block 1. The revisions consist of reconfiguring the intersection of Bald Mountain Road and Townhouse Lane and eliminating one of the proposed lots, Lot 29 which had a problematic slope. The revised plans are contained in Attachment B. The Commission also recommended the Council consider changes to the proposed option to purchase agreement. Specifically, the Commission requested language be added that provided


an extension of time for the option agreement that would be linked to fundraising milestones. Proposed language has been added to the Agreement. The Commission’s preferred approach to the development was to require a comprehensive plan for the entire site, Blocks 1-8. By having a comprehensive plan issues such as stream restoration, location of open space, and future development intensity could be addressed as a whole. The only reason the Commission supported a phased approach was because the City and Owner were entering into the option agreement. Therefore, the Commission requested language be included in the development agreement that would link approval of the development agreement to the approval of the option agreement. The draft development agreement includes proposed language connecting its approval with the option to purchase agreement. SECTION 4: BACKGROUND AND PREVIOUS DEVELOPMENT AGREEMENT The City Council approved the Warm Springs Ranch Resort Annexation and Development Agreement on August 11, 2009. This original agreement allowed for a maximum of ten years to complete the entire project, which included two distinct phases. The project was designed to be a mixed-use, hospitality project with a large hotel building establishing the development core of the project with adjacent areas of both active and passive open space. The project was permitted for a maximum of 728,446 square feet of development with hotel rooms, condominium suites, private residences, workforce housing, and villa estates. Since 2009, the Development Agreement has been amended four times to extend the timeframe for initiating Phase 1 of the project. The most recent amendment occurred in December 2016 when the City Council extended the deadline for Phase 1 to December 19, 2020. Since that extension, the property sold, and the new owner submitted applications for a new Development Agreement and associated permits prior to the expiration date of the 2016 amendment. The proposed project is outlined later in this staff report. 2009 Development Agreement Permitted Development The entire Warm Springs Ranch Resort consists of 78.39 acres and the 2009 Development Agreement permitted 728,446 gross square feet of development (Attachment A). The area of highest density on the project was concentrated in Block 1 where the hotel and other mixed uses were proposed. Warm Springs Ranch was approved for development in phases. The development included eight blocks ranging is various sizes and encompassing a total of 78.39 acres. Block 1 contained the most intense uses with a large hotel, mixed-use commercial, and other components. The following provides a summary of general development approval for each block: (for a map of the Large Block Plat, see Attachment A).

• Block 1: Urbanized area north of Warm Springs Creek on 13.72 acres (597,643 sq.ft.). This Block contained the previous Warm Springs Restaurant and decommissioned tennis courts. In this block, a maximum of 620,146 gross square feet was approved resulting in a Floor Area Ratio (FAR) of 1.43. Several design scenarios were considered for the core


hotel building within Block 1 with a maximum building height of 93 feet, measured from the ridgeline of the hotel, waivers to accommodate the building height were granted. The core hotel building (approximately 538,151 sq.ft.), the Workforce Housing (approximately 36,295 sq.ft.), and up to twenty-four (24) residential Townhomes (totaling approximately 52,800 square feet; without garages) were permitted for this block.

South of Warm Springs Creek, the density was decreased to less than one unit per acre or 0.037 FAR. Outside of Block 1, all other blocks of the development were allowed up to 108,000 gross square feet of development, spread out over 64.67 acres for an average FAR of 0.03 over the remaining 7 blocks. The following outlines the permitted development for each block.

• Block 2: Golf Course and Open Space Area 39.25 acres. This land area was planned for passive open space and portions of the proposed golf course with irrigation ponds. This block constituted a portion of the key area that will be used by the public for active recreation opportunities.

• Block 3: Westerly Estate Lot on 2.79 acres. This Block was planned for a single estate home site of approximately 5,900 square feet, including garages, with a building envelope of 0.54 acres (approximately 23,522 sq.ft.).

• Block 4: Residential on 2.89 acres. Seven (7) residential villas (approx. 25,984 sq.ft.) were planned for development in this Block. Use restrictions were limited to single-family and duplex dwellings along with hotel and tourist housing accommodations.

• Block 5: Residential on 2.40 acres. Six (6) residential villas (approx. 22,272 sq.ft.) were planned for development in this Block. Use restrictions were limited to single-family and duplex dwellings, and hotel and tourist housing accommodations.

• Block 6: Residential and Semi-Private Events on 4.5 acres. The WSRR “Events House” (approx. 3,400 sq.ft.) and lawn area was proposed for the eastern portion of the Block. Twelve (12) residential villas (approx. 44,544 sq.ft.) were also planned for development in this Block. Similar to Blocks 4 and 5, restriction to use were limited to single-family, duplex dwellings, and tourist housing accommodations.

• Block 7: Open Space on 10.37 acres. No development was proposed in this area and Block 7 was to remain open space.

• Block 8: Southern Estate Lot on 2.47 acres. Similar to Block 3, this Block was planned for a single home site approximately 5,900 square feet, including garages, on 0.58 acres (approx. 23,552 sq.ft) with accessory uses and garages limited to 1,200 gross square feet.

Approvals and entitlements for the development consisted of a Development Agreement, a Large Block Plat and Planned Unit Development (PUD), a Waterways Design Review Permit,


Mountain Overlay Design Review Permit, and a Design Review Permit. The 2009 Development Agreement is provided in Attachment A. SECTION 5: 2021 PROPOSED DEVELOPMENT AND REZONING AGREEMENT & BLOCK 1 SUBDIVISION The proposal considered by the Planning and Zoning Commission consisted of the following:

• Rescission and repeal of all the land use permits and approvals granted as part of the 2009 development. This includes the Development Agreement, Large Block Plat and PUD, the PUD and CUP and all associated land use permits.

• Consideration of a new Development Agreement, a Preliminary Subdivision Plat for Block 1, a new Large Block Plat, and a Floodplain Permit for the proposed Preliminary Plat for Block 1.

• A two-phase Development Agreement, Phase 1 is a proposed 36-unit single family residential development in Block 1, which will be rezoned from Tourist (T) to the General Residential Low Density (GR-L) Zoning District Phase 2 may or may not occur. No development is proposed or being permitted in Blocks 2-8. The City and Owner are negotiating an Option to Purchase Blocks 2-8. In the event the City and Owner do not complete the sale of the property, the Owner will return to the Planning and Zoning Commission with a separate PUD and preliminary plat for any future development. In Blocks 2-8, the Owner is retaining the existing zoning of the blocks that consist of Tourist and Recreational Use zoning designations. The proposed Development and Rezoning Agreement is Attachment B.

• Rezoning of Block 1 from Tourist (T) to General Residential Low Density (GR-L) and retaining the existing zoning for Blocks 2-8.

The following outlines the provisions of the Development Agreement. Phase 1 Development The Development Agreement would authorize development of 36 single family units within Block 1 in accordance with the proposed Preliminary Plat for Block 1. Phase 1 will rezone Block 1 from Tourist (T) to the General Residential Low Density (GR-L) Zoning District and the remainder of the property will retain existing zoning. Section 4 of the Development Agreement identifies the terms and conditions for the proposed development. As proposed the Agreement requires:

• Future building permits to comply with the codes in place at the time the permit is applied for.

• Units proposed on Lots 33, 34, 35, and 36 (lots fronting on Warm Springs Road), will be subject to Planning and Zoning Commission design review and access shall occur off Bald Mountain Road.

• Bald Mountain Road will be a public street and all the other streets accessing the lots will be private. The public is permitted to access the private streets for walking and driving but parking is prohibited.


• Consistent with all development along rivers, a 10-foot easement for fishing and access is required. Public access will be permitted after sunrise and before sunset.

• Landscaping shall be drought tolerant.

• The riparian zone and landscaping will be protected. Any modification to the riparian zone would require preparation of an overall plan to ensure modifications are consistent and coordinated.

• The existing water right in Block 1 will be transferred to the City.

• All utilities and power shall be underground.

• A parking lot on the south side of Warm Spring Creek will be installed to accommodate users of the open space south of the Creek. The parking lot will be a minimum of 12 and a maximum of 20 spaces.

• A new bus shelter, similar to the shelter constructed on Saddle Road adjacent to Thunder Spring development, will be constructed.

• The Owner will agree to participate in the design and placement of a future Bald Mountain Connector Trail.

Future Phase 2 The Agreement only authorizes development of Block 1 of the Large Block Plat and the installation of an unimproved parking lot with a minimum of 12 and a maximum of 20 public parking spaces on Block 2 that would be accessed from Parcel D (Lopey Lane) of the Block 1 subdivision. Future development in Blocks 2, 3, 4, 5, 6, 7, and 8 shall be considered in Phase 2 as part of a PUD and preliminary plat application filed with Ketchum in the event the city does not purchase the property. The Owner is retaining the right to limit or prohibit public access to Blocks 2, 3, 4, 5, 6, 7 and 8, or any part thereof if the city does not purchase the property. Owner may terminate the pedestrian access, parking, and access to the south side of Warm Springs Creek and all rights of entry or use of Blocks 2, 3, 4, 5, 6, 7 and 8 at any time, for any reason whatsoever, without notice. The property is private property and the Owner currently has the right to close access to the public today. Proposed Block 1 Residential Subdivision The project plans for the Warm Springs Ranch Large Block Plat and Block 1 Subdivision Preliminary Plat are included as Attachment C. The applicant’s project submittal (Attachment D) provides supplemental material, including an impact statement, engineering standards analysis, draft CC&R’s, and written narratives demonstrating the project’s compliance with Ketchum Municipal Code (KMC). The Block 1 Subdivision Preliminary Plat will create 36 single-family residential lots and parcels A, B, C, D, and E. The proposed Development Agreement will rezone Block 1 from Tourist (T) to General Residential (GR-L) Low Density. Portions of Block 1 are also within the Floodplain Overlay and Avalanche Zone. Block 1 is 13.72 acres and the single-family


residential lots range in size from a minimum area of 8,252 square feet to a maximum area of 22,241 square feet. All land subdivisions within the City of Ketchum are subject to the standards contained in Ketchum Municipal Code, Title 16, Subdivision Regulations. The subdivision standards relate to the design and construction of multiple new lots that will form new blocks and infrastructure, such as streets that will be dedicated and maintained by the City. A full analysis of these standards is included in Tables 1 and 2 of the Staff Report. Consistent with Ketchum Municipal Code §16.04.030.C3, the subdivision application was transmitted to City Departments including the City Engineer, Fire, Building, Utilities, and Streets departments for review. City Department comments are included within Tables 1 and 2 of the Staff Report. The project shall meet all governing ordinances, requirements, and regulations of the Fire Department (2012 International Fire Code and local Fire Protection Ordinance No.1125), Building Department (2012 International Building Code, the 2012 International Residential Code, and Title 15 of Ketchum Municipal Code), Utilities Department, Street Department (Title 12 of Ketchum Municipal Code), and the City Engineer. Infrastructure Improvements Infrastructure improvements include new roadways, water and sewer facilities, water-efficient irrigation systems for landscaping, pedestrian access, underground utilities, an unimproved parking lot, and a bus shelter. The applicant has submitted an impact statement as required by KMC §16.04.120 (Attachment D). This statement provides an analysis of the development’s potential impacts on the city, including how the project may affect public utilities and facilities, the environment, and Ketchum’s economy. Street Improvements (KMC §16.04.040.H) Noncompliant with streets standards for grade and intersection approach angles, existing Bald Mountain Road will be realigned to enhance access and safety. Bald Mountain Road will be a public street dedicated to the city. Parcels A and D will be private roads. Parcel A includes Townhouse Lane, Smelter Circle, and Mountain Creek Drive. Parcel D is Lopey Lane, which will access the unimproved parking lot. As specified in the proposed Development Agreement, the public will be permitted access on all private roads within Block 1 for walking of driving. No public parking will be permitted along the subdivision’s private roads. As specified in the Development Agreement, the Owner will be responsible for year-round maintenance of all private roadways, including snow removal to maintain access, parking, and the emergency vehicle turnaround. The roadway plan is included on Sheet C-2 of the applicant’s project plans (Attachment C). In addition to these roadways, the owner will install a new bus shelter on Parcel B along Warm Springs Road (Attachment C: Sheet C-1). As required by Ketchum Municipal Code §12.04.030.B1 and Fire Code, the residential roadways have a minimum paved width of 26 feet. The proposed roadway plan enhances safety from existing conditions.


Sanitary Sewage Disposal (KMC §16.04.040.K), Water System (KMC §16.04.040.L), and Utilities (KMC §16.04.040.P) Improvements Portions of existing water and sewer lines within the development site will be abandoned and new domestic water and sewer lines will be installed to serve the proposed residential subdivision. The water and sewer plan is indicated on Sheets C3 and C4 of the project plans (Attachment C). All utilities, including natural gas, electricity, telephone, cable TV, and internet services, shall be installed underground. Drainage Improvements (KMC §16.04.040.O) Drainage within the residential subdivision will be managed through a system of swales, catch basins, and drywells. The grading and drainage plan is indicated on Sheet C-2 of the project plans (Attachment C). Easements (KMC §16.04.040.J) As specified in the proposed Development Agreement, the applicant will provide an easement for pedestrian access to open space. The pedestrian access easement will include a 6-foot wide shoulder consisting of road mix or a concrete sidewalk along Bald Mountain Road. As required by Ketchum Municipal Code §16.04.040.J3, the Block 1 Subdivision includes a 10-foot wide fisherman/sportsman’s access and nature study easement along the Warm Springs Creek riverbank. This public fishing access will be provided on Block 2 and accessed from Lopey Lane (Parcel D) within the Block 1 Subdivision. The riparian zone identified in Block 1 will be designated as an easement governed and managed by the Warm Springs Ranch Homeowners’ Association to ensure future modifications to the riparian zone and the streambank do not occur individually, but occur in a comprehensive coordinated approach. The applicant has submitted the draft declaration establishing covenants, conditions, and restrictions for the Warm Springs Ranch Subdivision (Attachment D). The applicant has provided an access and public utility easement benefiting the adjacent Country Club Townhomes and Warm Springs Townhouse Condominiums within Parcel A (Townhouse Lane). Parcel E is a parking space and trash receptacle easement to benefit the Warm Springs Townhouse Condominiums. Waiver (Ketchum Municipal Code §16.04.130) Ketchum Municipal Code §16.04.130 provides an opportunity for applicants to request waivers from certain subdivision standards. Waivers may be granted by the City Council on a case by case basis upon the recommendation of the Planning & Zoning Commission. The application for a waiver request must demonstrate that there are special physical characteristics or conditions affecting the property in question where literal enforcement of this chapter would result in undue hardship not the result of actions by the subdivider, and that the waiver would not be detrimental to the public welfare, health and safety, nor injurious to property owners in the immediate area.


The applicant has requested waiver from certain street design and grading standards due to the site’s topographical challenges. The applicant’s waiver request and associated analysis is included as Attachment E to the Staff Report. Staff supports approving the applicant’s waiver request because the project will improve the development’s site circulation design, enhance safety, and expand pedestrian access. Floodplain Permit and Riparian Restoration, Preservation, and Management The Floodplain permit is not before the City Council and will be reviewed separately by the Planning and Zoning Commission. The following provides information on the proposed work within the floodplain. Ketchum Municipal Code §17.88.050.A requires issuance of a Floodplain Development Permit prior to any “development” within the regulatory floodplain (also known as the Special Flood Hazard Area, 100-year, or 1% annual chance floodplain) or the floodway. For the purposes of this staff report, the term “floodplain” refers to the 1% annual chance floodplain. “Development” is a technical term used by the Federal Emergency Management Agency (FEMA) and adopted as a definition in Ketchum’s zoning code. It is defined as “Any subdivision, construction activity, or alteration of the landscape (except routine maintenance), its terrain contour or vegetation, including any construction of structures, establishment of a land use, or alteration of an existing structure or land use.” Ketchum Municipal Code also requires issuance of a permit for alteration of the riparian zone (§17.88.050.B) and adherence to the riparian standards contained within the code. The riparian zone is defined as the “That area along the banks of any waterway twenty-five feet (25') in width measured horizontally from the mean high water mark.” Block 1 of the existing Warm Springs Ranch PUD, which is where the Warm Springs Ranch residential land subdivision is proposed, shares a southern border with the northern bank of Warm Springs Creek. Of the 36 lots proposed in the subdivision, 13 contain the channel of the creek and adjacent riparian zone. On three (3) of these lots the line of demarcation between floodway and floodway are one in the same (due to a steeper streambank), and on the other ten (10) the floodplain covers a greater amount of land than the floodway (due to a less steep streambank). In addition, three (3) lots on the north side of proposed Mountain Creek Drive contain a minor amount of floodplain, as does a portion of Mountain Creek Drive.

Sheet L1 – Block 1 – Master Plan Sheet L1 – Block 1 – Master Plan


The floodplain maps currently in effect are the 2010 Flood Insurance Rate Maps prepared by FEMA and adopted by the City of Ketchum. As such, this application is governed by the 2010 maps. However, FEMA and its technical partners are in the process of drafting new floodplain maps for the Wood River Valley. For illustrative purposes, the applicant has provided exhibits (L2.1 and L2.2) indicating the proposed new floodplain and floodway boundaries. As these maps are not yet adopted, they are not regulatory at this time. Future lot owners will however be subject to the floodplain maps in effect at the time they apply for building permit. The applicant has proposed two activities that require a permit from the city at this time: 1) riparian zone restoration and 2) fill, with compensatory storage to offset the fill, within the floodplain. Notably, the applicant has proposed that the riparian zone will be maintained by the subdivision’s Homeowner’s Association in perpetuity; this will allow comprehensive restoration and management of the riparian zone to occur. During the summer of 2020, permit P20-076 was issued to permit the removal of dead and dying trees from the riparian zone. The permit was issued with the condition (#7) that a comprehensive restoration plan be submitted concurrent with the land subdivision application. All permitted tree removal work has occurred. No further trees are proposed to be removed at this time. This restoration plan that accompanies this application meets the requirement included with the prior tree removal permit. The riparian restoration plan, Sheet L2, includes the planting of 70 new 5-gallon size native shrubs (three species of willows ,common snowberry, red-osier dogwood, and golden currant) and a native grass mix during the summer of 2021, the installation of temporary irrigation (for a maximum of two growing seasons) to aid in the vegetation’s establishment, weed control (hand-pulling, no topical application of weed sprays are proposed), monitoring and re-planting over the initial two-year establishment period, and retention of existing riparian vegetation. And as noted before, both the proposed subdivision plat and the Development Agreement include language dedicating the riparian zone as an easement across the private lots that will be governed and managed by the HOA, altered only with the appropriate city permits. Plat note 20. states in full: “The riparian zone identified in Block 1 shall be designated as an easement governed and managed by an owner’s association (HOA) to ensure future modifications to the riparian zone and the stream bank do not occur individually but occur in a comprehensive coordinated approach. Prior to any modification to the riparian zone or streambank, an overall plan must be developed and approved by Ketchum. Ketchum will not unreasonably withhold, condition, or delay approval of such plan. Any riparian and stream bank alterations must conform to the approved plan.” The restoration plan associated with this application serves as the comprehensive, overall plan, until such time in the future a modification may be put forward.


The fill proposed in the floodplain is proposed for two reasons: creation of suitable building sites and grading related to the construction of Mountain Creek Drive. There are two (2) lots, Lots 1 and 2, which are located on the upstream (western) side of the existing bridge that would be unbuildable without the addition of fill. These two lots are traversed by a manmade, historic irrigation ditch that is no longer in use. Fill in the amount of 94 cubic yards is needed to level out these lots. For visualization purposes, a standard home oven (3’ x 3’ x 3’) is approximately 1 cubic yard in volume. To fill in changes in topography and grade the area of Mountain Creek Drive that traverses the floodplain 327 cubic yards of fill are required. Because the placement of fill in the floodplain can potentially displace floodwaters elsewhere, Ketchum Municipal Code has two special requirements for fill in the floodplain:

• Compensatory storage within the floodplain is required to offset the fill. In other words, an area or areas within the floodplain must be excavated in an amount equal to the fill being placed in the floodplain so that the floodplain’s carrying capacity is not diminished.

• FEMA must approve a Letter of Map Revision based on fill prior to the city’s issuance of a floodplain development permit that proposes fill in the floodplain.

The applicant has proposed to locate compensatory storage on the south side of Warm Springs Creek in an area that is not proposed for residential development, as indicated in the diagram above. The applicant is pursuing its required permit for fill from FEMA and has not yet received FEMA’s approval. As such, staff recommends continuing the hearing on the floodplain application to a date certain. The applicant can proceed with their Preliminary Plat approval. However, prior to adding fill within the floodplain, the city must issue its floodplain development permit. Similarly, because this scope of work includes restoration of the riparian zone, this permit must also be issued prior to work in the riparian zone. Analysis of the applicant’s riparian planting plan and cut and fill in the floodplain will be included in a subsequent Planning and Zoning Commission staff report.

Sheet L2.3 – Compensatory Storage Map


SECTION 6: PROJECT COMPLIANCE WITH MUNICIPAL CODE REQUREMENTS

Table 1: Preliminary Plat Requirements (Ketchum Municipal Code §16.04.030.J)

Preliminary Plat Requirements Compliant Standards and Staff Comments

Yes No N/A

City Code City Standards and Staff Comments

☒ ☐ ☐ 16.04.030.C.1 The subdivider shall file with the administrator copies of the completed subdivision application form and preliminary plat data as required by this chapter.

Staff Comments

The application has been reviewed and determined to be complete.

☒ ☐ ☐ 16.04.030.J Application and Preliminary Plat Contents: The preliminary plat, together with all application forms, title insurance report, deeds, maps, and other documents reasonably required, shall constitute a complete subdivision application. The preliminary plat shall be drawn to a scale of not less than one inch equals one hundred feet (1" = 100') and shall show the following:

Staff Comments

All required materials for the preliminary plat application have been submitted.

☒ ☐ ☐ 16.04.030.I.1 The scale, north point and date.

Staff Comments This standard has been met. The preliminary plat contains a scale, north point, and date.

☒ ☐ ☐ 16.04.030.J.2 The name of the proposed subdivision.

Staff Comments This standard has been met. The name of the proposed subdivision is Warm Springs Ranch Block 1.

☒ ☐ ☐ 16.04.030.J.3 The name and address of the owner of record, the subdivider, and the engineer, surveyor, or other person preparing the plat.

Staff Comments This information has been provided on the application form and indicated on the preliminary plat.

☒ ☐ ☐ 16.04.030.J.4 Legal description of the area platted.

Staff Comments This standard has been met. The legal description is Block 1 of Warm Springs Ranch Subdivision.

☒ ☐ ☐ 16.04.030.J.5 The names and the intersecting boundary lines of adjoining subdivisions and parcels of property.

Staff Comments This standard has been met. Adjoining subdivisions and parcels of property, including the Warm Springs Townhouse Condominiums, Warm Springs Tennis Condominiums, Country Club Townhomes, Bald Mountain Townhomes, and Blocks 2 and6 of Warm Springs Ranch Subdivision have been indicated on the preliminary plat (Sheet P1).

☐ ☐ ☒ 16.04.030.J.6 A contour map of the subdivision with contour lines and a maximum interval of two feet (2’) to show the configuration of the land based upon the United States geodetic survey data, or other data approved by the city engineer.

Staff Comments The development site’s existing topography is indicated on Sheet on P2 and E1 of the project plans. Existing and proposed contours are indicated on Sheets L1.1, C-1, and C-2.


☒ ☐ ☐ 16.04.030.J.7 The scaled location of existing buildings, water bodies and courses and location of the adjoining or immediately adjacent dedicated streets, roadways and easements, public and private.

Staff Comments The project plans indicate the scaled locations of existing buildings and improvements, including the existing Warm Springs Townhouse Condominiums pool. The preliminary plat indicates the scaled location of adjacent Warm Springs Road and realigned Bald Mountain Road, which will be dedicated to the city as a public street. The preliminary plat includes the scaled location of the subdivision’s private roads, including Mountain Creek Drive, Townhouse Lane, and Lopey Lane. The project plans indicate the subdivision’s utility, pedestrian, fisherman’s and nature study easements.

☒ ☐ ☐ 16.04.030.J.8 Boundary description and the area of the tract.

Staff Comments This boundary description and the area of the tract are noted on the preliminary plat.

☒ ☐ ☐ 16.04.030.J.9 Existing zoning of the tract.

Staff Comments Plat Note #1 indicates that Warm Springs Ranch Block 1 Subdivision is within the City’s General Residential Low Density (GR-L) Zoning District.

☒ ☐ ☐ 16.04.030.J.10 The proposed location of street rights of way, lots, and lot lines, easements, including all approximate dimensions, and including all proposed lot and block numbering and proposed street names.

Staff Comments This standard has been met. The preliminary plat indicates the location and dimension of street rights of way, lots, lot lines, easements as well as the lot and block numbers and street names.

☒ ☐ ☐ 16.04.030.J.11 The location, approximate size and proposed use of all land intended to be dedicated for public use or for common use of all future property owners within the proposed subdivision.

Staff Comments

This standard has been met. The project plans indicate the location, approximate size, and propose use of all land intended to be dedicated for public use, including realigned Bald Mountain Road. The project plans indicate the location, size, and proposed use of land for common use of all future owners within the proposed Warm Springs Ranch Block 1 subdivision.

☒ ☐ ☐ 16.04.030.J.12 The location, size and type of sanitary and storm sewers, water mains, culverts and other surface or subsurface structures existing within or immediately adjacent to the proposed sanitary or storm sewers, water mains, and storage facilities, street improvements, street lighting, curbs, and gutters and all proposed utilities.

Staff Comments

This standard has been met. The roadway plan is indicated on Sheet C1 and the associated grading and drainage plan is indicated on C2. The water infrastructure plan is indicated on Sheet C3. The sewer infrastructure plan is indicated on Sheet C4.

☐ ☐ ☒ 16.04.030.J.13 The direction of drainage, flow and approximate grade of all streets. Staff Comments

This standard has been met. The roadway plan is indicated on Sheet C1 and the associated grading and drainage plan is indicated on C2.

☒ ☐ ☐ 16.04.030.J.14 The location of all drainage canals and structures, the proposed method of disposing of runoff water, and the location and size of all drainage easements, whether they are located within or outside of the proposed plat.

Staff Comments

The grading and drainage plan is indicated on Sheet C-2 of the project plans. The proposed drainage plan is a system of drywells, catch basins, and storm drain pipes.


☒ ☐ ☐ 16.04.030.J.15 Vicinity map drawn to approximate scale showing the location of the proposed subdivision in reference to existing and/or proposed arterials and collector streets.

Staff Comments

An area map showing Warm Springs Ranch Block 1 in relation to Warm Springs Road and existing Bald Mountain Road is included in the project plans.

☒ ☐ ☐ 16.04.030.J.16 The boundaries of the floodplain, floodway and avalanche overlay district shall also be clearly delineated and marked on the preliminary plat or a note provided if the entire project is in the floodplain, floodway or avalanche overlay district.

Staff Comments

The preliminary plat and project plans show the location and area of the floodplain, floodway, and avalanche zones on the development site.

☒ ☐ ☐ 16.04.030.J.17 Building envelopes shall be shown on each lot, all or part of which is within a floodway, floodplain, or avalanche zone; or any lot that is adjacent to the Big Wood River, Trail Creek, or Warm Springs Creek; or any lot, a portion of which has a slope of twenty five percent (25%) or greater; or upon any lot which will be created adjacent to the intersection of two (2) or more streets.

Staff Comments

Building envelopes are shown on lots 1 through 13 as required for lots that contain floodplain and avalanche zone. Consistent with Ketchum Municipal Code §16.04.040.G4, building envelopes outside of a 75-foot radius from the intersection have been shown on corner lots. Warm Springs Ranch Block 1 Subdivision does not contained slopes of 25% or greater based on natural contours (Ketchum Municipal Code §16.04.040.F2).

☒ ☐ ☐ 16.04.030.J.18 Lot area of each lot.

Staff Comments

This standard has been met. The lot area of every lot and parcel within the Warm Springs Ranch Block 1 Subdivision is indicated on the preliminary plat (Sheet P1).

☒ ☐ ☐ 16.04.030.J .19 Existing mature trees and established shrub masses.

Staff Comments

Block 1’s existing conditions are indicated on Sheets P2 and E2.

☒ ☐ ☐ 16.04.030.J.20 To be provided to Administrator: Subdivision names shall not be the same or confused with the name of any other subdivision in Blaine County, Idaho and shall be approved by the Blaine County Assessor.

Staff Comments

The Warm Springs Ranch Block 1 Subdivision is unique and will not be confused with the name of any other subdivision in Blaine County, Idaho.

☒ ☐ ☐ 16.04.030.J.21 All percolation tests and/or exploratory pit excavations required by state health authorities.

Staff Comments

This standard shall be met.

☒ ☐ ☐ 16.04.030.J.22 A copy of the provisions of the articles of incorporation and bylaws of homeowners' association and/or condominium declarations to be filed with the final plat of the subdivision.

Staff Comments

The applicant has submitted the draft Declaration Establishing Covenants, Conditions, and Restrictions for Warm Springs Ranch Subdivision.

☒ ☐ ☐ 16.04.030.J.23 A current title report shall be provided at the time that the preliminary plat is filed with the administrator, together with a copy of the owner's recorded deed to such property.


Staff Comments

This standard has been met. The applicant has a current title report and copy of the owner’s recorded deed to the subject property.

☒ ☐ ☐ 16.04.030.J.24 A digital copy of the preliminary plat shall be filed with the administrator.

Staff Comments

This standard has been met.

Table 2: Subdivision Development and Design Standards (Ketchum Municipal Code §16.04.040)

Subdivision Development and Design Standards Yes No N/ A City Code City Standards and Staff Comments ☒ ☐ ☐ 16.04.040.A Required Improvements: The improvements set forth in this section shall be shown

on the preliminary plat and installed prior to approval of the final plat. Construction design plans shall be submitted and approved by the city engineer. All such improvements shall be in accordance with the comprehensive plan and constructed in compliance with construction standard specifications adopted by the city. Existing natural features which enhance the attractiveness of the subdivision and community, such as mature trees, watercourses, rock outcroppings, established shrub masses and historic areas, shall be preserved through design of the subdivision.

Staff Comments

The applicant has submitted proposed plans for the Warm Springs Ranch Block 1 Subdivision’s improvements, including the roadways and utilities. The project plans, including the riparian plan on Sheet L2, preserve natural features and will restore this section of Warm Springs Creek. Following the City Council’s review and approval of the preliminary plat, the applicant shall prepare and submit final construction design plans for review and approval by the City Engineer.

☒ ☐ ☐ 16.04.040.B Improvement Plans: Prior to approval of final plat by the commission, the subdivider shall file two (2) copies with the city engineer, and the city engineer shall approve construction plans for all improvements required in the proposed subdivision. Such plans shall be prepared by a civil engineer licensed in the state.

Staff Comments

The applicant shall submit final construction plans for all improvements for the subdivision’s streets, easements, sanitary sewage disposal system, water system, drainage, and utilities. These construction plans shall be stamped by an Idaho-licensed civil engineer. The final construction plans shall be reviewed and approved by the City Engineer.

☒ ☐ ☐ 16.04.040.C Prior to final plat approval, the subdivider shall have previously constructed all required improvements and secured a certificate of completion from the city engineer. However, in cases where the required improvements cannot be constructed due to weather conditions or other factors beyond the control of the subdivider, the city council may accept, in lieu of any or all of the required improvements, a performance bond filed with the city clerk to ensure actual construction of the required improvements as submitted and approved. Such performance bond shall be issued in an amount not less than one hundred fifty percent (150%) of the estimated costs of improvements as determined by the city engineer. In the event the improvements are not constructed within the time allowed by the city council (which shall be one year or less, depending upon the individual circumstances), the council may order the improvements installed at the expense of the subdivider and the surety. In the event the cost of installing the


required improvements exceeds the amount of the bond, the subdivider shall be liable to the city for additional costs. The amount that the cost of installing the required improvements exceeds the amount of the performance bond shall automatically become a lien upon any and all property within the subdivision owned by the owner and/or subdivider.

Staff Comments

Prior to final plat approval, the applicant shall construct all required improved as per the approved plans. These improvements shall be inspected by the City Engineer and the subdivision shall secure a Certificate of Completion prior to final plat approval. The City Council may accept a performance bond in cases where the required improvements can not be constructed due to weather conditions or other factors beyond the subdivider’s control.

☒ ☐ ☐ 16.04.040.D As Built Drawing: Prior to acceptance by the city council of any improvements installed by the subdivider, two (2) sets of as built plans and specifications, certified by the subdivider's engineer, shall be filed with the city engineer. Within ten (10) days after completion of improvements and submission of as built drawings, the city engineer shall certify the completion of the improvements and the acceptance of the improvements, and shall submit a copy of such certification to the administrator and the subdivider. If a performance bond has been filed, the administrator shall forward a copy of the certification to the city clerk. Thereafter, the city clerk shall release the performance bond upon application by the subdivider.

Staff Comments

Prior to City Council’s review and approval of the final plat, all improvements shall be inspected and approved by the City Engineer. Within 10 days after the subdivision’s improvements have been installed and the as-built drawings have been submitted, the City Engineer shall inspect the project and certify the completion and acceptance of improvements.

☒ ☐ ☐ 16.04.040.E Monumentation: Following completion of construction of the required improvements and prior to certification of completion by the city engineer, certain land survey monuments shall be reset or verified by the subdivider's engineer or surveyor to still be in place. These monuments shall have the size, shape, and type of material as shown on the subdivision plat. The monuments shall be located as follows:

1. All angle points in the exterior boundary of the plat. 2. All street intersections, points within and adjacent to the final plat. 3. All street corner lines ending at boundary line of final plat. 4. All angle points and points of curves on all streets. 5. The point of beginning of the subdivision plat description.

Staff Comments

The applicant shall meet the required monumentation standards prior to the City Engineer’s certification of completion of the subdivision’s required improvements.

☒ ☐ ☐ 16.04.040.F Lot Requirements: 1. Lot size, width, depth, shape and orientation and minimum building setback

lines shall be in compliance with the zoning district in which the property is located and compatible with the location of the subdivision and the type of development, and preserve solar access to adjacent properties and buildings.

2. Whenever a proposed subdivision contains lot(s), in whole or in part, within the floodplain, or which contains land with a slope in excess of twenty five percent (25%), based upon natural contours, or creates corner lots at the intersection of two (2) or more streets, building envelopes shall be shown for the lot(s) so


affected on the preliminary and final plats. The building envelopes shall be located in a manner designed to promote harmonious development of structures, minimize congestion of structures, and provide open space and solar access for each lot and structure. Also, building envelopes shall be located to promote access to the lots and maintenance of public utilities, to minimize cut and fill for roads and building foundations, and minimize adverse impact upon environment, watercourses and topographical features. Structures may only be built on buildable lots. Lots shall only be created that meet the definition of "lot, buildable" in section 16.04.020 of this chapter. Building envelopes shall be established outside of hillsides of twenty five percent (25%) and greater and outside of the floodway. A waiver to this standard may only be considered for the following: a. For lot line shifts of parcels that are entirely within slopes of twenty five percent (25%) or greater to create a reasonable building envelope, and mountain overlay design review standards and all other city requirements are met. b. For small, isolated pockets of twenty five percent (25%) or greater that are found to be in compliance with the purposes and standards of the mountain overlay district and this section.

3. Corner lots outside of the original Ketchum Townsite shall have a property line curve or corner of a minimum radius of twenty five feet (25') unless a longer radius is required to serve an existing or future use.

4. Side lot lines shall be within twenty degrees (20°) to a right angle or radial line to the street line.

5. Double frontage lots shall not be created. A planting strip shall be provided along the boundary line of lots adjacent to arterial streets or incompatible zoning districts.

6. Every lot in a subdivision shall have a minimum of twenty feet (20') of frontage on a dedicated public street or legal access via an easement of twenty feet (20') or greater in width. Easement shall be recorded in the office of the Blaine County recorder prior to or in conjunction with recordation of the final plat.

Staff Comments The Block 1 Subdivision Preliminary Plat will create 36 single-family residential lots and parcels A, B, C, D, and E. The proposed Development Agreement will rezone Block 1 from Tourist (T) to General Residential (GR-L) Low Density. Portions of Block 1 are also within the Floodplain Overlay and Avalanche Zone. Block 1 is 13.72 acres and the single-family residential lots range in size from a minimum area of 8,252 square feet to a maximum area of 22, 241 square feet. The 36 lots comply with the size, width, depth, shape, orientation, and minimum building setback lines required in the General Residential Low Density (GR-L) Zoning District. The 30-foot setback from Warm Springs Road as required by Ketchum Municipal Code §17.12.030 has been indicated on Lot 33 through 36. Building envelopes are shown on lots 1 through 13 as required for lots that contain floodplain and avalanche zone. Consistent with Ketchum Municipal Code §16.04.040.G4, building envelopes outside of a 75-foot radius from the intersection have been shown on corner lots. Warm Springs Ranch Block 1 Subdivision does not contained slopes of 25% or greater based on natural contours (Ketchum Municipal Code §16.04.040.F2). Every lot in the subdivision has a minimum of 20 feet of frontage on either Bald Mountain Road, which will be dedicated to the city as a public street, or on the


subdivision’s private roads on Parcels A and D (Townhouse Lane, Mountain Creek Drive, and Lopey Lane). As indicated in plat note 3, private roads shall maintain a free and clear width of 26 feet for emergency vehicles. Parcels A and D include a 40-foot-wide access and public utility easement and a 10-foot-wide snow storage easement.

☒ ☐ ☐ 16.04.040.G G. Block Requirements: The length, width and shape of blocks within a proposed subdivision shall conform to the following requirements:

1. No block shall be longer than one thousand two hundred feet (1,200'), nor less than four hundred feet (400') between the street intersections, and shall have sufficient depth to provide for two (2) tiers of lots. 2. Blocks shall be laid out in such a manner as to comply with the lot requirements. 3. The layout of blocks shall take into consideration the natural topography of the land to promote access within the subdivision and minimize cuts and fills for roads and minimize adverse impact on environment, watercourses and topographical features. 4. Except in the original Ketchum Townsite, corner lots shall contain a building envelope outside of a seventy five foot (75') radius from the intersection of the streets.

Staff Comments A two-phase Development Agreement, Phase 1 is a proposed 36-unit single family residential development in Block 1, which will be rezoned from Tourist (T) to the General Residential Low Density (GR-L) Zoning District Phase 2 may or may not occur. No development is proposed or being permitted in Blocks 2-8. The City and Owner are negotiating an Option to Purchase Blocks 2-8. In the event the City and Owner do not complete the sale of the property, the Owner will return to the Planning and Zoning Commission with a separate PUD and preliminary plat for any future development. In Blocks 2-8, the Owner is retaining the existing zoning of the blocks that consist of Tourist and Recreational Use zoning designations. 5 blocks are proposed within the Warm Springs Ranch Block 1 Subdivision. The block pattern is designed to comply with the lot requirements specified in Ketchum Municipal Code §16.04.040.F. The block configuration is designed based on the development’s sites existing topography and natural features, including Warm Springs Creek. Consistent with Ketchum Municipal Code §16.04.040.G4, building envelopes outside of a 75-foot radius from the intersection have been shown on corner lots.

☒ ☐ ☐ 16.04.040.H H. Street Improvement Requirements: 1. The arrangement, character, extent, width, grade and location of all

streets put in the proposed subdivision shall conform to the comprehensive plan and shall be considered in their relation to existing and planned streets, topography, public convenience and safety, and the proposed uses of the land;

2. All streets shall be constructed to meet or exceed the criteria and standards set forth in chapter 12.04 of this code, and all other applicable ordinances, resolutions or regulations of the city or any other governmental entity having jurisdiction, now existing or adopted, amended or codified;


3. Where a subdivision abuts or contains an existing or proposed arterial street, railroad or limited access highway right of way, the council may require a frontage street, planting strip, or similar design features;

4. Streets may be required to provide access to adjoining lands and provide proper traffic circulation through existing or future neighborhoods;

5. Street grades shall not be less than three-tenths percent (0.3%) and not more than seven percent (7%) so as to provide safe movement of traffic and emergency vehicles in all weather and to provide for adequate drainage and snow plowing;

6. In general, partial dedications shall not be permitted, however, the council may accept a partial street dedication when such a street forms a boundary of the proposed subdivision and is deemed necessary for the orderly development of the neighborhood, and provided the council finds it practical to require the dedication of the remainder of the right of way when the adjoining property is subdivided. When a partial street exists adjoining the proposed subdivision, the remainder of the right of way shall be dedicated;

7. Dead end streets may be permitted only when such street terminates at the boundary of a subdivision and is necessary for the development of the subdivision or the future development of the adjacent property. When such a dead end street serves more than two (2) lots, a temporary turnaround easement shall be provided, which easement shall revert to the adjacent lots when the street is extended;

8. A cul-de-sac, court or similar type street shall be permitted only when necessary to the development of the subdivision, and provided, that no such street shall have a maximum length greater than four hundred feet (400') from entrance to center of turnaround, and all cul-de-sacs shall have a minimum turnaround radius of sixty feet (60') at the property line and not less than forty five feet (45') at the curb line;

9. Streets shall be planned to intersect as nearly as possible at right angles, but in no event at less than seventy degrees (70°);

10. Where any street deflects an angle of ten degrees (10°) or more, a connecting curve shall be required having a minimum centerline radius of three hundred feet (300') for arterial and collector streets, and one hundred twenty five feet (125') for minor streets;

11. Streets with centerline offsets of less than one hundred twenty five feet (125') shall be prohibited;

12. A tangent of at least one hundred feet (100') long shall be introduced between reverse curves on arterial and collector streets;

13. Proposed streets which are a continuation of an existing street shall be given the same names as the existing street. All new street names shall not duplicate or be confused with the names of existing streets within Blaine County, Idaho. The subdivider shall obtain approval of all street names within the proposed subdivision from the County Assessor’s office before submitting same to council for preliminary plat approval;


14. Street alignment design shall follow natural terrain contours to result in safe streets, usable lots, and minimum cuts and fills;

15. Street patterns of residential areas shall be designed to create areas free of through traffic, but readily accessible to adjacent collector and arterial streets;

16. Reserve planting strips controlling access to public streets shall be permitted under conditions specified and shown on the final plat, and all landscaping and irrigation systems shall be installed as required improvements by the subdivider;

17. In general, the centerline of a street shall coincide with the centerline of the street right of way, and all crosswalk markings shall be installed by the subdivider as a required improvement;

18. Street lighting shall be required consistent with adopted city standards and where designated shall be installed by the subdivider as a requirement improvement;

19. Private streets may be allowed upon recommendation by the commission and approval by the Council. Private streets shall be constructed to meet the design standards specified in subsection H2 of this section and chapter 12.04 of this code;

20. Street signs shall be installed by the subdivider as a required improvement of a type and design approved by the administrator and shall be consistent with the type and design of existing street signs elsewhere in the city;

21. Whenever a proposed subdivision requires construction of a new bridge, or will create substantial additional traffic which will require construction of a new bridge or improvement of an existing bridge, such construction or improvement shall be a required improvement by the subdivider. Such construction or improvement shall be in accordance with adopted standard specifications;

22. Sidewalks, curbs and gutters shall be required consistent with adopted city standards and where designated and shall be required improvement installed by the subdivider;

23. Gates are prohibited on private roads and parking access/entranceways, private driveways accessing more than one single-family dwelling unit and one accessory dwelling unit, and public rights-of-way unless approved by the city council; and

24. 24. No new public or private streets or flag lots associated with a proposed subdivision (land, planned unit development, townhouse, condominium) are permitted to be developed on parcels within the Avalanche Zone.

Staff Comments Noncompliant with streets standards for grade and intersection approach angles, existing Bald Mountain Road will be realigned to enhance access and safety. Bald Mountain Road will be a public street dedicated to the city. Parcels A and D will be private roads. Parcel A includes Townhouse Lane, Smelter Circle, and Mountain Creek Drive. Parcel D is Lopey Lane, which will access the unimproved parking lot. As specified in the proposed Development Agreement, the public will be permitted access on all private roads within Block 1 for walking of driving. No public parking will be permitted


along the subdivision’s private roads. As specified in the Development Agreement, the Owner will be responsible for year-round maintenance of all private roadways, including snow removal to maintain access, parking, and the emergency vehicle turnaround. The roadway plan is included on Sheet C-2 of the applicant’s project plans. In addition to these roadways, the owner will install a new bus shelter on Parcel B along Warm Springs Road. Access to the single-family residences proposed on lots fronting Warm Springs Road (lots 33, 34, 35, and 36) shall be from Bald Mountain Road. The homes proposed on these lots shall be subject to Design Review pursuant to Chapter 17.96 of Ketchum Municipal Code. Ketchum Municipal Code §16.04.130 provides an opportunity for applicants to request waivers from certain subdivision standards. Waivers may be granted by the City Council on a case by case basis upon the recommendation of the Planning & Zoning Commission. The application for a waiver request must demonstrate that there are special physical characteristics or conditions affecting the property in question where literal enforcement of this chapter would result in undue hardship not the result of actions by the subdivider, and that the waiver would not be detrimental to the public welfare, health and safety, nor injurious to property owners in the immediate area. The applicant has requested waiver from certain street design and grading standards due to the site’s topographical challenges. The applicant’s waiver request and associated analysis is included as Attachment E to the Staff Report. Staff supports approving the applicant’s waiver request because the project will improve the development’s site circulation design, enhance safety, and expand pedestrian access.

☐ ☐ ☒ 16.04.040.I I. Alley Improvement Requirements: Alleys shall be provided in, commercial and light industrial zoning districts. The width of an alley shall be not less than twenty feet (20'). Alley intersections and sharp changes in alignment shall be avoided, but where necessary, corners shall be provided to permit safe vehicular movement. Dead end alleys shall be permitted only within the original Ketchum Townsite and only after due consideration of the interests of the owners of property adjacent to the dead end alley including, but not limited to, the provision of fire protection, snow removal and trash collection services to such properties. Improvement of alleys shall be done by the subdivider as required improvement and in conformance with design standards specified in subsection H2 of this section.

Staff Comments N/A. Warm Springs Ranch Block 1 Subdivision will be located within the City’s General Residential Low Density (GR-L) Zoning District. Alleys are not required in residential areas.

☒ ☐ ☐ 16.04.040.J. J. Required Easements: 1. Easements, as set forth in this subsection, shall be required for location

of utilities and other public services, to provide adequate pedestrian circulation and access to public waterways and lands.

2. A public utility easement at least ten feet (10') in width shall be required within the street right-of-way boundaries of all private streets. A public utility easement at least five feet (5') in width shall be required within property boundaries adjacent to Warm Springs Road and within any


other property boundary as determined by the City Engineer to be necessary for the provision of adequate public utilities.

3. Where a subdivision contains or borders on a watercourse, drainageway, channel or stream, an easement shall be required of sufficient width to contain such watercourse and provide access for private maintenance and/or reconstruction of such watercourse.

4. All subdivisions which border the Big Wood River, Trail Creek and Warm Springs Creek shall dedicate a ten foot (10') fish and nature study easement along the riverbank. Furthermore, the Council shall require, in appropriate areas, an easement providing access through the subdivision to the bank as a sportsman's access. These easement requirements are minimum standards, and in appropriate cases where a subdivision abuts a portion of the river adjacent to an existing pedestrian easement, the Council may require an extension of that easement along the portion of the riverbank which runs through the proposed subdivision.

5. All subdivisions which border on the Big Wood River, Trail Creek and Warm Springs Creek shall dedicate a twenty five foot (25') scenic easement upon which no permanent structure shall be built in order to protect the natural vegetation and wildlife along the riverbank and to protect structures from damage or loss due to riverbank erosion.

6. No ditch, pipe or structure for irrigation water or irrigation wastewater shall be constructed, rerouted or changed in the course of planning for or constructing required improvements within a proposed subdivision unless same has first been approved in writing by the ditch company or property owner holding the water rights. A written copy of such approval shall be filed as part of required improvement construction plans.

7. Nonvehicular transportation system easements including pedestrian walkways, bike paths, equestrian paths, and similar easements shall be dedicated by the subdivider to provide an adequate nonvehicular transportation system throughout the city.

Staff Comments As specified in the proposed Development Agreement, the applicant will provide an easement for pedestrian access to open space. The pedestrian access easement will include a 6-foot wide shoulder consisting of road mix or a concrete sidewalk along Bald Mountain Road. The 6-foot wide pedestrian access to open space required to be installed adjacent to Bald Mountain Road as required pursuant to the Development Agreement is indicated on Sheet C-1 of the project plans. As required by Ketchum Municipal Code §16.04.040.J3, the Block 1 Subdivision includes a 10-foot wide fisherman/sportsman’s access and nature study easement along the Warm Springs Creek riverbank. This public fishing access will be provided on Block 2 and accessed from Lopey Lane (Parcel D) within the Block 1 Subdivision. The applicant has provided an access and public utility easement benefiting the adjacent Country Club Townhomes and Warm Springs Townhouse Condominiums within Parcel A


(Townhouse Lane). Parcel E is a parking space and trash receptacle easement to benefit the Warm Springs Townhouse Condominiums.

☒ ☐ ☐ 16.04.040.K K. Sanitary Sewage Disposal Improvements: Central sanitary sewer systems shall be installed in all subdivisions and connected to the Ketchum sewage treatment system as a required improvement by the subdivider. Construction plans and specifications for central sanitary sewer extension shall be prepared by the subdivider and approved by the City Engineer, Council and Idaho Health Department prior to final plat approval. In the event that the sanitary sewage system of a subdivision cannot connect to the existing public sewage system, alternative provisions for sewage disposal in accordance with the requirements of the Idaho Department of Health and the Council may be constructed on a temporary basis until such time as connection to the public sewage system is possible. In considering such alternative provisions, the Council may require an increase in the minimum lot size and may impose any other reasonable requirements which it deems necessary to protect public health, safety and welfare.

Staff Comments Portions of existing water and sewer lines within the development site will be abandoned and new domestic water and sewer lines will be installed to serve the proposed residential subdivision. The water and sewer plan is indicated on Sheets C3 and C4 of the project plans (Attachment C). The existing sewer lines proposed to be abandoned must be maintained throughout construction until all new sewer lines have been installed.

☒ ☐ ☐ 16.04.040.L L. Water System Improvements: A central domestic water distribution system shall be installed in all subdivisions by the subdivider as a required improvement. The subdivider shall also be required to locate and install an adequate number of fire hydrants within the proposed subdivision according to specifications and requirements of the City under the supervision of the Ketchum Fire Department and other regulatory agencies having jurisdiction. Furthermore, the central water system shall have sufficient flow for domestic use and adequate fire flow. All such water systems installed shall be looped extensions, and no dead end systems shall be permitted. All water systems shall be connected to the Municipal water system and shall meet the standards of the following agencies: Idaho Department of Public Health, Idaho Survey and Rating Bureau, District Sanitarian, Idaho State Public Utilities Commission, Idaho Department of Reclamation, and all requirements of the City.

Staff Comments Portions of existing water and sewer lines within the development site will be abandoned and new domestic water and sewer lines will be installed to serve the proposed residential subdivision. The water and sewer plan is indicated on Sheets C3 and C4 of the project plans (Attachment C). An additional 3rd valve shall be installed on the T at the intersection of Townhouse Lane with Mountain Creek Drive. Taps must conform to manufacturer’s specifications for C-900 pipes. All opposing service line taps, such as at lots 3 & 4 and lots 33 & 34, must be offset from each other. The subdivision application requires chlorination flushing and pressure testing plan. The subdivision application plans require review and approval from the Idaho Department of Environmental Quality (DEQ). Fire hydrant valves shall be installed at the public water main. All fire hydrants shall be Mountain Style hydrants. A frost-free hydrant and drain rock shall be installed as a circulation point off the fire line extension at Smelter Circle.


☐ ☐ ☒ 16.04.040.M M. Planting Strip Improvements: Planting strips shall be required improvements. When a predominantly residential subdivision is proposed for land adjoining incompatible uses or features such as highways, railroads, commercial or light industrial districts or off street parking areas, the subdivider shall provide planting strips to screen the view of such incompatible features. The subdivider shall submit a landscaping plan for such planting strip with the preliminary plat application, and the landscaping shall be a required improvement.

Staff Comments N/A. Warm Springs Ranch Block 1 Subdivision is within a residential area. The residential subdivision does not adjoin incompatible uses of features, such as highways, railroads, commercial, or light industrial districts.

☒ ☐ ☐ 16.04.040.N.1 N. Cuts, Fills, And Grading Improvements: Proposed subdivisions shall be carefully planned to be compatible with natural topography, soil conditions, geology and hydrology of the site, as well as to minimize cuts, fills, alterations of topography, streams, drainage channels, and disruption of soils and vegetation. The design criteria shall include the following:

1. A preliminary soil report prepared by a qualified engineer may be required by the commission and/or Council as part of the preliminary plat application.

2. Preliminary grading plan prepared by a civil engineer shall be submitted as part of all preliminary plat applications. Such plan shall contain the following information:

a. Proposed contours at a maximum of five foot (5') contour intervals. b. Cut and fill banks in pad elevations. c. Drainage patterns. d. Areas where trees and/or natural vegetation will be preserved. e. Location of all street and utility improvements including driveways to

building envelopes. f. Any other information which may reasonably be required by the

administrator, commission or council to adequately review the affect of the proposed improvements.

3. Grading shall be designed to blend with natural landforms and to minimize the necessity of padding or terracing of building sites, excavation for foundations, and minimize the necessity of cuts and fills for streets and driveways.

4. Areas within a subdivision which are not well suited for development because of existing soil conditions, steepness of slope, geology or hydrology shall be allocated for open space for the benefit of future property owners within the subdivision.

5. Where existing soils and vegetation are disrupted by subdivision development, provision shall be made by the subdivider for revegetation of disturbed areas with perennial vegetation sufficient to stabilize the soil upon completion of the construction. Until such times as such revegetation has been installed and established, the subdivider shall maintain and protect all disturbed surfaces from erosion.

6. Where cuts, fills, or other excavations are necessary, the following development standards shall apply:

a. Fill areas shall be prepared by removing all organic material detrimental to proper compaction for soil stability.


b. Fills shall be compacted to at least ninety five percent (95%) of maximum density as determined by AASHO T99 (American Association of State Highway Officials) and ASTM D698 (American Standard Testing Methods).

c. Cut slopes shall be no steeper than two horizontal to one vertical (2:1). Subsurface drainage shall be provided as necessary for stability.

d. Fill slopes shall be no steeper than three horizontal to one vertical (3:1). Neither cut nor fill slopes shall be located on natural slopes of three to one (3:1) or steeper, or where fill slope toes out within twelve feet (12') horizontally of the top and existing or planned cut slope.

e. Toes of cut and fill slopes shall be set back from property boundaries a distance of three feet (3'), plus one-fifth (1/5) of the height of the cut or the fill, but may not exceed a horizontal distance of ten feet (10'); tops and toes of cut and fill slopes shall be set back from structures at a distance of at least six feet (6'), plus one-fifth (1/5) of the height of the cut or the fill. Additional setback distances shall be provided as necessary to accommodate drainage features and drainage structures.

Staff Comments The applicant has submitted a preliminary soils report prepared by an Idaho-licensed engineer as required by Ketchum Municipal Code §16.04.040.N1. Due to the subdivision’s proximity to Warm Springs Creek, prior to any work taking place, an erosion protection plan must be submitted with the construction drawings for the required improvements for review and approval by the City Engineer (Ketchum Municipal Code §12.04.030.K). Retaining walls are indicated on the grading and drainage plan (Sheet C-2). The supplemental materials include examples of retaining walls designs and materials, including gabion, concrete, stone veneer, faux rock, and ultrabock. The final construction drawings shall specify the design, materials, and dimensions for all retaining walls within the development. The roadway plan should include specifications, including a cross section, of the proposed retaining walls. A safety barrier, such as a guardrail or landscaped buffer, may be required for retaining walls sited adjacent to a walking or driving surface. Ketchum Municipal Code §16.04.130 provides an opportunity for applicants to request waivers from certain subdivision standards. Waivers may be granted by the City Council on a case by case basis upon the recommendation of the Planning & Zoning Commission. The application for a waiver request must demonstrate that there are special physical characteristics or conditions affecting the property in question where literal enforcement of this chapter would result in undue hardship not the result of actions by the subdivider, and that the waiver would not be detrimental to the public welfare, health and safety, nor injurious to property owners in the immediate area. The applicant has requested waiver from certain street design and grading standards due to the site’s topographical challenges. The applicant’s waiver request and associated analysis is included as Attachment E to the Staff Report. Staff supports approving the applicant’s waiver request because the project will improve the development’s site circulation design, enhance safety, and expand pedestrian access.


☐ ☐ ☒ 16.04.040.0 O. Drainage Improvements: The subdivider shall submit with the preliminary plat

application such maps, profiles, and other data prepared by an engineer to indicate the proper drainage of the surface water to natural drainage courses or storm drains, existing or proposed. The location and width of the natural drainage courses shall be shown as an easement common to all owners within the subdivision and the City on the preliminary and final plat. All natural drainage courses shall be left undisturbed or be improved in a manner that will increase the operating efficiency of the channel without overloading its capacity. An adequate storm and surface drainage system shall be a required improvement in all subdivisions and shall be installed by the subdivider. Culverts shall be required where all water or drainage courses intersect with streets, driveways or improved public easements and shall extend across and under the entire improved width including shoulders.

Staff Comments Drainage within the residential subdivision will be managed through a system of swales, catch basins, and drywells. The grading and drainage plan is indicated on Sheet C-2 of the project plans.

☒ ☐ ☐ 16.04.040.P P. Utilities: In addition to the terms mentioned in this section, all utilities including, but not limited to, electricity, natural gas, telephone and cable services shall be installed underground as a required improvement by the subdivider. Adequate provision for expansion of such services within the subdivision or to adjacent lands including installation of conduit pipe across and underneath streets shall be installed by the subdivider prior to construction of street improvements.

Staff Comments The applicant must coordinate with Idaho Power and Intermountain Gas to determine the location for all underground lines and connections. All utilities including, but not limited to, electricity, natural gas, telephone and cables services shall be installed underground. Adequate provision for expansion of such services within the subdivision or to adjacent lands, including installation of conduit pipe across and underneath streets, shall be installed by the subdivider prior to construction of street improvements. (Ketchum Municipal Code §16.04.040.P).

☒ ☐ ☐ 16.04.040.Q Q. Off Site Improvements: Where the off site impact of a proposed subdivision is found by the commission or Council to create substantial additional traffic, improvements to alleviate that impact may be required of the subdivider prior to final plat approval, including, but not limited to, bridges, intersections, roads, traffic control devices, water mains and facilities, and sewer mains and facilities.

Staff Comments The new bus shelter is indicated on Parcel B (Sheet C-3). Mountain Rides has reviewed and approved the preliminary plans for the proposed bus stop location.

☒ ☐ ☐ 16.04.040.R R. Avalanche And Mountain Overlay: All improvements and plats (land, planned unit development, townhouse, condominium) created pursuant to this chapter shall comply with City of Ketchum Avalanche Zone District and Mountain Overlay Zoning District requirements as set forth in Title 17 of this Code.

Staff Comments The Block 1 Subdivision Preliminary Plat will create 36 single-family residential lots and parcels A, B, C, D, and E. The proposed Development Agreement will rezone Block 1 from Tourist (T) to General Residential (GR-L) Low Density. Portions of Block 1 are also within the Floodplain Overlay and Avalanche Zone.

☒ ☐ ☐ 16.04.040.S S. Existing natural features which enhance the attractiveness of the subdivision and community, such as mature trees, watercourses, rock outcroppings, established


shrub masses and historic areas, shall be preserved through design of the subdivision.

Staff Comments The project plans, including the riparian plan on Sheet L2, preserve natural features and will restore this section of Warm Springs Creek. Following the City Council’s review and approval of the preliminary plat, the applicant shall prepare and submit final construction design plans for review and approval by the City Engineer.

ATTACHMENTS Attachment A: 2021 Warm Springs Ranch Development and Rezoning Agreement Attachment B: Warm Springs Ranch Project Plans dated February 2021, March 5, 2021, and March 25, 2021 Attachment C: Applicant’s Project Submittal for Warm Springs Ranch Attachment D: Application for a Waiver of Requirements Attachment E: Option Agreement Attachment F: Public Comment to Planning and Zoning Commission and City Council Attachment G: Planning and Zoning Commission adopted Findings and Conditions for approval. Attachment H: 2016 Warm Springs Ranch Resort Annexation and Development Agreement

Documents

STAFF REPORT KETCHUM CITY COUNCIL MEETING OF ......Warm Springs Ranch Page 5 of 28 City Council Meeting of April 5, 2021 City of Ketchum Planning & Building Department hotel building